Legal Word of the Day: “Estreat”

Historic Courtroom

Historic Courtroom

Estreat — To enforce a recognizance that has been forfeited, by means of an extract of the record in which fines or recognizances are laid down.

Related Cases:

This case deals with bail estreats under ss. 770 and 771 of the Criminal Code of Canada.
R. v. Prévost, 2005 CanLII 33296 (ON SC)

“The Crown may then apply to the court under s. 771(1)(a) to fix a date for the hearing of an application for the forfeiture of the recognizance. This hearing, commonly referred to as an estreat hearing, is ordinarily conducted by a judge of the superior trial court of the province. Uniquely, in Ontario, where the bail order is made by this court, the estreat hearing is conducted by a judge of this court.”
Canada (Attorney General) v. Horvath, 2009 ONCA 732 (CanLII)

Releasing 1,500 mink into the wild during a break-and-enter led to an estreatment procedure in:
R. v. Dodson, 2000 CanLII 5623 (ON CA)

One comment

  1. Tracey Gauley · ·

    I had never heard this word before. Interesting.

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